detainees should be made available without any discrimination. Family
members must be made aware of any serious illness, injury or death without
any delay, as soon as healthcare providers verify them. An independent
body (other than the Royal Malaysia Police) must investigate injuries or
deaths, with remedies for victims, especially in cases of alleged torture.
1.3 WHISTLEBLOWER PROTECTION ACT 2010
SUHAKAM was invited by the Legal Affairs Division, Prime Minister’s
Depatment (BHEUU) to participate in a focus group discussion on a revision
of the Whistleblower Protection Act 2010. SUHAKAM reiterated its position
which supports the legal recognition of internal whistleblowing to the
employer, that is, where an employee can disclose the information to the
employer or other responsible person such as the legal advisor. SUHAKAM
also supported the proposal to remove the proviso to Section 63 of the Act
to allow a broader scope of information to be disclosed. This would help
enhance and protect the right to freedom of expression and information
under Article 10 of the Federal Constitution and Article 19 of the Universal
Declaration of Human Rights (UDHR).
To enable wider protection for whistleblowers, the scope of wrongdoing that
may be disclosed should not be limited to those that warrant disciplinary
action or in respect of employers registered as companies under the
Companies Act 2016. At the same time, protection of the whistleblower’s
identity must be distinguished from protection of confidential information
where both must be expressed and specifically protected. Also the scope
of protection for persons associated with the whistleblower should not be
limited to detrimental action (adverse treatment in relation to employment,
career, profession, business). The whistleblower may have come into
contact with information that is not related to his work. In this situation, the
person associated with the said information may not be protected under
the Act.
2. AMENDMENT TO SUHAKAM ACT 1999 [ACT 597]
SUHAKAM has consistently advocated for amendments to the Human
Rights Commission of Malaysia Act 1999 [Act 597] to strengthen its
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Disclosure of improper conduct
Section 6. (1) A person may make a disclosure of improper conduct to any enforcement agency based
on his reasonable belief that any person has engaged, is engaging or is preparing to engage in improper
conduct.
ANNUAL REPORT 2020